Daniel James Gardiner charged over alleged break-in, sexual touching

A man charged over a midnight break-in at a Macarthur home where he allegedly sexually touched a female occupant has fronted court. Read what happened.

A magistrate has delayed the next step in the court case of a man who allegedly sexually touched a woman after a midnight break-in at a Macarthur home in the “interest of justice”.

Daniel James Gardiner, 53, was charged with aggravated break and enter with intent while knowing a person was there, and sexually touching another person without consent.

Court documents reveal the police will allege that about midnight on December 14, 2021 Mr Gardiner broke into a house at Tahmoor.

They will further allege that the Buxton man then sexually touched an occupant of the home without their consent.

Court documents state that the victim was “fearful of the accused” when police opposed bail at a court appearance earlier this year.

Daniel James Gardiner appeared at Picton Local Court charged over an alleged break-in and sexual assault at Tahmoor. Picture: Annie Lewis.

In court on Friday, Mr Gardiner appeared without any legal representation.

The solicitor for the Director of Public Prosecutions informed the court that a case conference had been held with Mr Gardiner’s previous legal team and the matter was to be committed for trial.

However, Magistrate Mark Douglass expressed concerns about sending the matter to the district court if Mr Gardiner was not represented,

“Your matter is at a balance stage at the moment, you have some really important decisions to make,” he said.

“It’s not in the interest of justice to commit this matter without a lawyer involved in his matter … I want a lawyer in your corner.”

The matter has been adjourned until September 2, where it will return to Picton Local Court.